Thompson v. Newell
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The false statement by defendant as to the actual cost of the farm in question, was the representar tion of a fact, not- a mere opinion as* to the value of the property. The rule is well established that it is actionable fraud to deceive a purchaser into buying through false statement of the actual cost of property. Pendergast v. Reed, 29 Md. 398, 96 Am. Dec. 539; Carter v. Brinninger, 36 N. J. L. 513, 97 Am.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The false statement by defendant as to the actual cost of the farm in question, was the representar tion of a fact, not- a mere opinion as* to the value of the property. The rule is well established that it is actionable fraud to deceive a purchaser into buying through false statement of the actual cost of property. Pendergast v. Reed, 29 Md. 398, 96 Am. Dec. 539; Carter v. Brinninger, 36 N. J. L. 513, 97 Am. Dec. 737; Salm v. Israel,- 74 Iowa 314; Webb v. Steiner, — Mo. App. —, 87 S. W. 619-20; Page on Contracts, sec. 105;…
1Opinion of the Court
JOHNSON,-J. —
Action to recover damages alleged to have been sustained in consequence of deceit practiced by defendant in the sale of land to plaintiffs. At the conclusion of the introduction of their evidence, plaintiffs were nonsuited and bring the case here on appeal.
The contiwersy arises out of the sale of a farm of four hundred and five acres lying in Jasper county some four miles from Carthage. On May 9,1903, the parties entered into a contract in writing, wherein it was agreed that “in consideration of the payment by the parties of *410the second part (plaintiffs) to the party of the first…
2Cases cited9 opinions
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Pendergast v. ReedCourt of Appeals of Maryland · 1868
- McBeth v. CraddockMissouri Court of Appeals · 1887
- Lewis v. Brookdale Land Co.Supreme Court of Missouri · 1894
- Crumb v. WrightSupreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- National Hollow Brake Beam Co. v. BakewellSupreme Court of Missouri · 1909
- Thompson v. LyonsSupreme Court of Missouri · 1920
- Theis v. LutherCourt of Appeals for the Eighth Circuit · 1945
- Stewart v. Salisbury Realty & InsuranceSupreme Court of North Carolina · 1912
- Boyce v. GingrichMissouri Court of Appeals · 1911
11 more not listed; retrieve them via the Exa API.